Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to the Inspection and Maintenance (I/M) Program-Quality Assurance Protocol for the Safety Inspection Program in Non-I/M Counties, 32321-32323 [2011-13878]
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[FR Doc. 2011–13845 Filed 6–3–11; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0379; FRL–9314–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revision to the
Inspection and Maintenance (I/M)
Program—Quality Assurance Protocol
for the Safety Inspection Program in
Non-I/M Counties
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Pennsylvania State Implementation Plan
(SIP). The revision consists of a change
by the Commonwealth of Pennsylvania
to the quality assurance program for its
motor vehicle inspection and
maintenance program (I/M program).
Specifically, the Commonwealth is
amending a provision of its prior SIPapproved I/M program to change the
duration of the timing of quality
assurance audits performed by the
Pennsylvania Department of
Transportation (PENNDOT) as part of
their program oversight. The
amendment allows for these audits to be
conducted within five days of vehicle
inspection, instead of the two-day
window allowed under the prior
approved SIP. This SIP revision affects
forty-two counties in Pennsylvania
where visual emissions equipment
inspections are performed as part of the
Commonwealth’s annual vehicle safety
inspection program (i.e., non-I/M
counties). It does not affect the twentyfive counties where separate enhanced
I/M emissions inspections are
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SUMMARY:
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performed in addition to the annual
safety inspection program (i.e., I/M
counties). This SIP revision applies to
PENNDOT staff overseeing stations that
conduct safety inspections in non-I/M
program counties. It does not impact
motorists subject to the program or
stations that perform emissions
inspections. EPA is approving this
amendment to Pennsylvania’s approved
I/M SIP in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on August
5, 2011 without further notice, unless
EPA receives adverse written comment
by July 6, 2011. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0379 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0379,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2011–
0379. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
PO 00000
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32321
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, (215) 814–2176, or by
e-mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On May 22, 2009, the Commonwealth
of Pennsylvania submitted a formal
revision to its SIP. That SIP revision,
which is the subject of this action,
consists of an amendment to the
enhanced motor vehicle emission
inspection program SIP submitted by
Pennsylvania on December 1, 2003 and
approved as part of the
Commonwealth’s SIP on October 6,
2005 (70 FR 58313). This SIP revision
amends Pennsylvania’s quality
assurance program, which applies to
PENNDOT staff that oversee the antitampering visual inspection performed
as part of the annual safety inspection
program in the forty-two Pennsylvania
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations
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counties (where separate enhanced I/M
inspection is not required).
II. Summary of SIP Revision
Pennsylvania’s approved I/M SIP
includes, as a SIP-strengthening
measure, a program to address
emissions from in-use vehicles
registered in counties in Pennsylvania
that are not mandated by the CAA to
have an emission inspection program. In
these forty-two non-I/M counties,
Pennsylvania requires (as part of its
annual vehicle safety inspection) a
visual check of select vehicle emission
components to ensure that the
components have not been removed or
disconnected, and that they are the
correctly configured components for
that particular vehicle (referred to
hereafter as the anti-tampering
program). This SIP-approved antitampering program check applies to the
following components (where equipped
on a new vehicle as part of an EPAcertified configuration): Catalytic
converter, exhaust gas recirculation
(EGR) valve, positive crankcase
ventilation (PCV) valve, fuel inlet
restrictor, air pump, and evaporative
control system. The non-I/M region
affected by this SIP revision is
comprised of the following counties:
Adams, Armstrong, Bedford, Bradford,
Butler, Cameron, Carbon, Clarion,
Clearfield, Clinton, Columbia, Crawford,
Elk, Fayette, Forest, Franklin, Fulton,
Greene, Huntingdon, Indiana, Jefferson,
Juniata, Lawrence, McKean, Mifflin,
Monroe, Montour, Northumberland,
Perry, Pike, Potter, Schuylkill, Snyder,
Somerset, Sullivan, Susquehanna,
Tioga, Union, Venango, Warren, Wayne,
and Wyoming.
The SIP revision amends a portion of
the Commonwealth’s quality assurance
program for safety inspections, as it
relates to administrative audits of
approximately 5,200 safety inspection
stations in the forty-two non-I/M
counties. The quality assurance program
established a window during which
program auditors ascertain whether
selected vehicles properly passed the
required visual emissions equipment
inspection portion of the state-required,
annual vehicle safety inspection. After
reviewing its procedures, PENNDOT
determined that increasing the length of
time between the safety inspection and
the allowable time by when PENNDOT
inspectors can perform an inspection
audit from two to five days allows for
improved oversight of the visual
inspection portion of the safety
inspection program. This allows the
Commonwealth to better assure that the
visual inspection is being properly
performed as part of the safety
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13:20 Jun 03, 2011
Jkt 223001
inspection in non-I/M counties,
ensuring that these emission
components are present and have not
been tampered with, as is required by
the CAA. The visual inspection bolsters
the Commonwealth’s SIP by ensuring
that vehicles in non-I/M counties in the
Commonwealth are operated with the
required emissions components in
place. The Commonwealth’s SIP
revision is intended to improve the
Commonwealth’s ability to oversee the
safety inspection program in the nonI/M counties to better ensure that the
visual emissions component inspection
is being properly performed by safety
inspection technicians. This SIP
revision is a procedural change that
does not affect the Commonwealth’s
prior SIP-approved I/M regulations, nor
does it affect oversight of the I/M
program in the 25 counties where I/M
is performed separately from the state
safety inspection program.
III. Final Action
EPA is approving Pennsylvania’s SIP
revision to amend the quality assurance
program for visual emission component
inspection performed as part of the
Commonwealth’s annual safety
inspection program in non-I/M counties.
EPA is publishing this rule without
prior proposal because EPA views this
as a noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
August 5, 2011 without further notice
unless EPA receives adverse comment
by July 6, 2011. If EPA receives adverse
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. EPA will address all
public comments in a subsequent final
rule based on the proposed rule. EPA
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
PO 00000
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merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 5, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking.
This action to approve Pennsylvania’s
quality assurance program changes for
oversight of the safety inspection
program in non-I/M counties may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Environmental protection, Incorporation
by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Name of non-regulatory SIP revision
Applicable geographic area
*
Revision of the Quality Assurance Protocol for the Safety
Inspection Program
in Non-I/M Counties.
*
*
*
Non-I/M Program Region, Counties of: Adams, Armstrong,
Bedford, Bradford, Butler, Cameron, Carbon, Clarion,
Clearfield, Clinton, Columbia, Crawford, Elk, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lawrence, McKean, Mifflin, Monroe,
Montour, Northumberland, Perry, Pike, Potter, Schuylkill,
Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union,
Venango, Warren, Wayne, and Wyoming.
*
*
*
*
*
[FR Doc. 2011–13878 Filed 6–3–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 45
[Docket No. USCG–1998–4623]
RIN 1625–AA17
Limited Service Domestic Voyage Load
Lines for River Barges on Lake
Michigan
Coast Guard, DHS.
Final rule.
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY:
ACTION:
The Coast Guard is amending
the special load line exemption regime
for certain river barges operating on
Lake Michigan, as established in the
final rule published on November 18,
2010. Specifically, the weather
restrictions based on Small Craft
SUMMARY:
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40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry for
Revision of the Quality Assurance
Protocol for the Safety Inspection
Program in Non-I/M Counties at the end
of the table to read as follows:
■
§ 52.2020
*
State submittal date
*
5/22/09
Advisory conditions are being replaced
with the original weather restrictions
implemented in 2002 by an interim rule.
DATES: This final rule is effective on
June 15, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–1998–4623 and are
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
USCG–1998–4623 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Thomas Jordan, Office of
Design and Engineering Standards,
Naval Architecture Division (CG–5212),
PO 00000
Dated: May 18, 2011.
Shawn M. Garvin,
Regional Administrator, Region III.
Sfmt 4700
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
EPA approval date
Additional
explanation
*
6/6/11 [Insert page
number where
the document begins].
*
Applicable to SIPapproved safety
inspection program regulation
for non-I/M counties at Title 67,
Part 1, Chapter
175.
Coast Guard; telephone 202–372–1370,
e-mail Thomas.D.Jordan@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Ms. Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
A. Discussion of Public Comments
B. Discussion of Changes
VI. Regulatory Analyses
A. Executive Order 12866 and Executive
Order 13563
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Rules and Regulations]
[Pages 32321-32323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13878]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0379; FRL-9314-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revision to the Inspection and Maintenance (I/M)
Program--Quality Assurance Protocol for the Safety Inspection Program
in Non-I/M Counties
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Pennsylvania State Implementation Plan (SIP). The revision consists of
a change by the Commonwealth of Pennsylvania to the quality assurance
program for its motor vehicle inspection and maintenance program (I/M
program). Specifically, the Commonwealth is amending a provision of its
prior SIP-approved I/M program to change the duration of the timing of
quality assurance audits performed by the Pennsylvania Department of
Transportation (PENNDOT) as part of their program oversight. The
amendment allows for these audits to be conducted within five days of
vehicle inspection, instead of the two-day window allowed under the
prior approved SIP. This SIP revision affects forty-two counties in
Pennsylvania where visual emissions equipment inspections are performed
as part of the Commonwealth's annual vehicle safety inspection program
(i.e., non-I/M counties). It does not affect the twenty-five counties
where separate enhanced I/M emissions inspections are performed in
addition to the annual safety inspection program (i.e., I/M counties).
This SIP revision applies to PENNDOT staff overseeing stations that
conduct safety inspections in non-I/M program counties. It does not
impact motorists subject to the program or stations that perform
emissions inspections. EPA is approving this amendment to
Pennsylvania's approved I/M SIP in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This rule is effective on August 5, 2011 without further notice,
unless EPA receives adverse written comment by July 6, 2011. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0379 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0379, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0379. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Copies of the State submittal are available at the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On May 22, 2009, the Commonwealth of Pennsylvania submitted a
formal revision to its SIP. That SIP revision, which is the subject of
this action, consists of an amendment to the enhanced motor vehicle
emission inspection program SIP submitted by Pennsylvania on December
1, 2003 and approved as part of the Commonwealth's SIP on October 6,
2005 (70 FR 58313). This SIP revision amends Pennsylvania's quality
assurance program, which applies to PENNDOT staff that oversee the
anti-tampering visual inspection performed as part of the annual safety
inspection program in the forty-two Pennsylvania
[[Page 32322]]
counties (where separate enhanced I/M inspection is not required).
II. Summary of SIP Revision
Pennsylvania's approved I/M SIP includes, as a SIP-strengthening
measure, a program to address emissions from in-use vehicles registered
in counties in Pennsylvania that are not mandated by the CAA to have an
emission inspection program. In these forty-two non-I/M counties,
Pennsylvania requires (as part of its annual vehicle safety inspection)
a visual check of select vehicle emission components to ensure that the
components have not been removed or disconnected, and that they are the
correctly configured components for that particular vehicle (referred
to hereafter as the anti-tampering program). This SIP-approved anti-
tampering program check applies to the following components (where
equipped on a new vehicle as part of an EPA-certified configuration):
Catalytic converter, exhaust gas recirculation (EGR) valve, positive
crankcase ventilation (PCV) valve, fuel inlet restrictor, air pump, and
evaporative control system. The non-I/M region affected by this SIP
revision is comprised of the following counties: Adams, Armstrong,
Bedford, Bradford, Butler, Cameron, Carbon, Clarion, Clearfield,
Clinton, Columbia, Crawford, Elk, Fayette, Forest, Franklin, Fulton,
Greene, Huntingdon, Indiana, Jefferson, Juniata, Lawrence, McKean,
Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter,
Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union,
Venango, Warren, Wayne, and Wyoming.
The SIP revision amends a portion of the Commonwealth's quality
assurance program for safety inspections, as it relates to
administrative audits of approximately 5,200 safety inspection stations
in the forty-two non-I/M counties. The quality assurance program
established a window during which program auditors ascertain whether
selected vehicles properly passed the required visual emissions
equipment inspection portion of the state-required, annual vehicle
safety inspection. After reviewing its procedures, PENNDOT determined
that increasing the length of time between the safety inspection and
the allowable time by when PENNDOT inspectors can perform an inspection
audit from two to five days allows for improved oversight of the visual
inspection portion of the safety inspection program. This allows the
Commonwealth to better assure that the visual inspection is being
properly performed as part of the safety inspection in non-I/M
counties, ensuring that these emission components are present and have
not been tampered with, as is required by the CAA. The visual
inspection bolsters the Commonwealth's SIP by ensuring that vehicles in
non-I/M counties in the Commonwealth are operated with the required
emissions components in place. The Commonwealth's SIP revision is
intended to improve the Commonwealth's ability to oversee the safety
inspection program in the non- I/M counties to better ensure that the
visual emissions component inspection is being properly performed by
safety inspection technicians. This SIP revision is a procedural change
that does not affect the Commonwealth's prior SIP-approved I/M
regulations, nor does it affect oversight of the I/M program in the 25
counties where I/M is performed separately from the state safety
inspection program.
III. Final Action
EPA is approving Pennsylvania's SIP revision to amend the quality
assurance program for visual emission component inspection performed as
part of the Commonwealth's annual safety inspection program in non-I/M
counties. EPA is publishing this rule without prior proposal because
EPA views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on August 5, 2011 without further
notice unless EPA receives adverse comment by July 6, 2011. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General
[[Page 32323]]
of the United States. EPA will submit a report containing this action
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 5, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking.
This action to approve Pennsylvania's quality assurance program
changes for oversight of the safety inspection program in non-I/M
counties may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Environmental protection, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: May 18, 2011.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry for Revision of the Quality Assurance Protocol for the Safety
Inspection Program in Non-I/M Counties at the end of the table to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic area submittal EPA approval Additional
revision date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Revision of the Quality Non-I/M Program Region, 5/22/09 6/6/11 [Insert Applicable to
Assurance Protocol for the Counties of: Adams, Armstrong, page number SIP-approved
Safety Inspection Program in Bedford, Bradford, Butler, where the safety
Non-I/M Counties. Cameron, Carbon, Clarion, document inspection
Clearfield, Clinton, Columbia, begins]. program
Crawford, Elk, Fayette, regulation for
Forest, Franklin, Fulton, non-I/M
Greene, Huntingdon, Indiana, counties at
Jefferson, Juniata, Lawrence, Title 67, Part
McKean, Mifflin, Monroe, 1, Chapter 175.
Montour, Northumberland,
Perry, Pike, Potter,
Schuylkill, Snyder, Somerset,
Sullivan, Susquehanna, Tioga,
Union, Venango, Warren, Wayne,
and Wyoming.
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* * * * *
[FR Doc. 2011-13878 Filed 6-3-11; 8:45 am]
BILLING CODE 6560-50-P